UNITED STATES of America
v.
Stephen A. KNOX, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued August 17, 1992.
Decided October 15, 1992.
Certiorari Granted June 7, 1993.
On Remand from November 1, 1993.
Reargued April 27, 1994.
Decided June 9, 1994.
Attorney(s) appearing for the Case
Alan Silber (argued), Hayden, Perle & Silber, Weehawken, NJ, for appellant Stephen A. Knox.
Kathleen A. Felton (argued), U.S. Dept. of Justice, Appellate Section, Crim. Div., Washington, DC, for appellee U.S.
Edward W. Warren (argued), Kirkland & Ellis, Washington, DC, for amici curiae 234 Members of Congress.
Michael A. Bamberger (argued), Sonnenschein, Nath & Rosenthal, New York City, for amici curiae American Booksellers Foundation for Free Expression; Council for Periodical Distributors Ass'ns; Nat. Ass'n of Artists' Organizations; Periodical and Book Ass'n of America, Inc.; Aperture Foundation, Inc.; Freedom to Read Foundation; Magazine Publishers of America; American Civil Liberties Union; Law & Humanities Institute.
H. Robert Showers, Nat. Law Center for Children and Families, Fairfax, VA, for amici curiae Nat. Law Center for Children and Families; The Nat. Parent Teacher Ass'n, Nat. Coalition Against Pornography; "Enough is Enough!"; Childhelp USA; Child Welfare League of America; Nat. Center for Missing and Exploited Children; American Coalition for Abuse Awareness; Nat. Council of Catholic Women; Justice for Children; Alliance for the Rights of Children; Women Against Pornography; Lutheran Church Missouri Synod; Christian Coalition; Focus on the Family; Family Violence & Sexual Assault Institute; Family Research Council, Inc.; National Center for Redress of Incest and Sexual Abuse; Rabbinical Alliance of America; Christian Life Commission of the Southern Baptist Convention; Christian Action Network; Help us Regain the Children; Free Congress Research and Education Foundation; Coalitions for America; Save America's Youth, Inc.; Citizens Against Pornography; Pennsylvania Christian Coalition; Traditional Values Coalition; Christian Legal Defense and Education Foundation; Eagle Forum; Child Protection Lobby; Voices for Victims; Voices in Action, Inc.
Ronald D. Ray, Louisville, KY, for amicus curiae The Institute for Media Educ.
James P. Mueller, Nat. Family Legal Foundation, Phoenix, AZ, for amici curiae Nat. Family Legal Foundation; Morality in Media, Inc.
Before: HUTCHINSON, COWEN and WEIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
On Remand from Supreme Court of U.S. November 1, 1993.
OPINION OF THE COURT
COWEN, Circuit Judge.
The principal question presented by this appeal is whether videotapes that focus on the genitalia and pubic area of minor females constitute a "lascivious exhibition of the genitals or pubic area" under the federal child pornography laws, 18 U.S.C. §§ 2252(a)(2), (4) and 2256(2)(E) (1988 & Supp...
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